HR policy - Unclassified rules: 11.06 Academic Staff dismissal procedural guarantees

The University of Wisconsin System (UWS) is governed by the Wisconsin Administrative Code - the rules adopted by the Board of Regents. These rules were promulgated in accordance with the rulemaking authority vested in the UW Board of Regents. These specific policies called "unclassified rules" provide for specific instances where the local institution may develop or add to the UWS rules. The UWL Policy number corresponds to the unclassified rule chapter number and section. For the entire UWS rules, visit: http://docs.legis.wisconsin.gov/code/admin_code/uws

 Functional Owner Chief Human Resources Officer
 Executive Sponsors Chancellor
 Policy Contact Chief Human Resources Officer


Who this policy applies to:
Academic Staff


Understanding the UWS Code:
The University of Wisconsin System (UWS) is governed by the Wisconsin Administrative Code - the rules adopted by the Board of Regents. These rules were promulgated in accordance with the rulemaking authority vested in the UW Board of Regents. These specific policies called "unclassified rules" provide for specific instances where the local institution may develop or add to the UWS rules. The UWL Policy number corresponds to the unclassified rule chapter number and section. For the entire UWS rules, visit: http://docs.legis.wisconsin.gov/code/admin_code/uws

This specific policy is part of Chapter 11 of the UWS Code.  To review the UWS code, please visit: http://docs.legis.wisconsin.gov/code/admin_code/uws/11


UWL Policy Detail:

Hearing body members deemed disqualified for bias or conflict of interest shall remove themselves from the case, either at the request of a party or on their own initiative. Each party shall have a maximum of two challenges without stated cause.

The staff member shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration shall cooperate with the Hearing Committee in securing witnesses and making available documentary and other evidence.

The staff member and the administration shall have the right to confront and cross-examine all witnesses. Where the witness cannot appear at the hearing, but the Hearing Committee determines that the interests of justice require admission of their statements, the committee shall identify the witness, disclose their statements, and if possible provide for interrogatories.

Before the close of the hearings, the Hearing Committee shall give opportunity to the staff member or his/her advisor and/or counsel and the Chancellor or his/her representative to present oral arguments. If written briefs would be helpful, the committee may request them.

Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the staff member or administrative officers shall be avoided until the proceedings have been completed.

RECOMMENDATIONS TO THE CHANCELLOR (cf UWS 11.07) Prior to determining penalty for the charges made against the staff member, the Hearing Committee shall determine the truth of the charges. An affirmative vote of two-thirds or more of the members hearing the case shall be required to decide which, if any, charges are true. On a lesser vote the committee shall recommend to the Chancellor dismissal of that specific charge.

If the Hearing Committee determines that any charges are true, it shall decide whether a penalty is necessary. If it is, the committee shall decide the appropriate penalty and recommend that penalty to the Chancellor.

The Hearing Committee shall recommend dismissal of the staff member if and only if eight or more members vote affirmatively that the charges justify dismissal of the staff member.

If the Hearing Committee determines that the proven charges justify imposition of a sanction, it shall specify the sanction. It shall then vote upon the imposition of that sanction. That specific sanction shall be recommended to the Chancellor if and only if six or more members vote for that sanction. A sanction shall be one of the following: 

(a) permanent letter of reprimand; 

(b) reassignment of duties, including change of supervisor and/or change of physical environment; 

(c) probation; 

(d) suspension with pay (one to thirty days); 

(e) suspension without pay (one to fifteen days); 

(f) restitution (assessment of monetary compensation and/or contribution of hours of university service); 

(g) indemnification of petitioner's expenses; or 

(h) initiation of dismissal proceedings (cf UWS Chapter 11).

If the Hearing Committee determines that the proven charges justify imposition of a minor penalty, it shall specify the sanction. It shall then vote on the imposition of that penalty. That specific penalty shall be recommended to the Chancellor if and only if five or more members vote for that sanction. A minor penalty shall be one of the following: (a) warning; (b) private, formal apology; (c) public, formal apology; or (d) temporary letter of reprimand (remove from personnel file within twelve months).

If the Hearing Committee has decided that the charges are true, it might decide that no action should occur. This decision requires a majority vote. Reasons should accompany such a recommendation to the Chancellor.

A written report of the recommended action shall be sent to the Chancellor and the staff member. Any notification of dismissal shall include a report of the adverse decision, the reasons for it, and specific evidence in support of them.

Within twenty (20) calendar days after receipt of the recommendations of the Hearing Committee, the Chancellor shall review them and afford the staff member an opportunity to discuss them. The Chancellor shall issue a written decision within twenty (20) calendar days following the meeting with the staff member. If the Chancellor's decision imposes a penalty substantially more severe than that recommended by the Hearing Committee, the written decision shall specify the reasons for the increased severity.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.


Revision history:
Last reviewed was July 2020


Supporting tools:

Responsibilities:
N/A


Links to related information:




Keywords:academic staff dismissal   Doc ID:103807
Owner:John A.Group:UW-La Crosse
Created:2020-07-09 09:19 CDTUpdated:2020-07-15 08:12 CDT
Sites:UW-La Crosse
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